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1 William E. Mikell, Draft on "Close Pursuit" 1

handle is hein.agopinions/dftcp0001 and id is 1 raw text is: Draft on Close Pursuit Submitted by Prof. IJik-:ll, Pennsylvania 1 Section 1. iny peace officer of another state of the United 2 3 States who enters this state in close pursuit and continues 4 5 within this state in such close pursuit of a person in order 6 7 to arrest him on the ground that he has committed a felony in 8 9 such other state shall have the same authority to arrest and 10 11 hold in custody such person as peace officers of this state 12 13 have to arrest and hold in custody a person on the ground that 14 15 he has committed a felony in this state. 16 17 Section 2. Section 1 of this Act shall not be construed so as 18 13 to make unlawful any arrest in this state which would otherwise 20 21 be lawful. 22 23 Section 3. The authority granted by Section 1 of this Act 24 25 shall apply only to peace officers of a state of the United 26 27 States which gives to peace officers of this state who have 28 29 closely pursued a person into auch other state and continues 30 31 such close pursuit in order to arrest him on the ground that 32 33 he has committed a felony in this state the same authority to 34 35 arrest and hold in custody such person as peace officers of 36 37 that state have to arrest and hold in custody for a felony 38 39 committed in that state. 40 41 Section 4. If an arrest is made in this state by an officer 42 43 of another state in accordance with the provisions of Section 44 45 1 of this Act he shall without unnecessary delay take the 46 47 person arrested before a judge of a court of record* who 48 49 shall conduct a hearing for the purpose of determining if the 50 51 arrest was in accordance with the provisions of Section 1. 52 53 If the judge determines that the arrest was in accordance with 54 55 such provisions he shall commit the person arrested to the 56 57 custody of the officer making the arrest, who shall without 58 59 unnecessary delay take him to the state from which he fled. 60 61 If the judge determines that the arrest was unlawful he shall 62 63 discharge the person arrested. 64 65 Alternative Section 4. If an arrest is made in this state by 66 67 an officer of another state in accordance with the provisions

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